T 1091/00 (Edible oil/MARTEK CORPORATION) of 02.07.2002
- European Case Law Identifier
- ECLI:EP:BA:2002:T109100.20020702
- Date of decision
- 2 July 2002
- Case number
- T 1091/00
- Petition for review of
- -
- Application number
- 91903945.3
- IPC class
- A23L 1/054
- Language of proceedings
- English
- Distribution
- Distributed to board chairmen (C)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Docosahexaenoic acid, methods for its production and compounds containing the same
- Applicant name
- MARTEK CORPORATION
- Opponent name
- OmegaTech, Inc.
Aventis Research & Technologies GmbH
Monsanto Company
Nagase Biochemicals, Ltd. - Board
- 3.3.02
- Headnote
- -
- Relevant legal provisions
- European Patent Convention Art 100(b) 1973European Patent Convention Art 111(1) 1973European Patent Convention Art 123(2) 1973European Patent Convention Art 54 1973
- Keywords
- Main request - added matter (no) - basis in the application as filed
Sufficiency of disclosure (yes) - respondent's misinterpretation of the product's features
Novelty (no) -
not a limiting feature over the prior art
First auxiliary request - added matter (no) basis in the application as filed
Novelty (yes) - features of the product claim and of the process claims not to be found in the available prior art - Catchword
- -
- Cited cases
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance for further prosecution.